Seperation


#1

Good Afternoon,

A few questions I have:

Do I need legal seperation papers?

  1. If I leave the house and go to an apartment would that be abandonment?
  2. If I leave the house and go to an aparment any moneys that he puts into our bank account is that still split 50/50?
  3. Should I take my name off of any bank accounts before I leave?
    4.He is asking that I put the car in his name and him put the other car in my name?
  4. He wants me to go to an apartment and him stay in the house and he will buy my half out. Should I do this? I can’t keep the house on my income.
  5. Can I get alimony and how does that work?

We are still in the same house but different rooms. We are trying to keep this to where we can still be involved together with the kids, who are 23,20

Thanks


#2

There is no such thing as legal separation papers in NC- at least that the parties themselves sign. You can however execute a non-abandonment agreement before leaving if you think your spouse does not consent to your leaving.

Once you are separated any money he earns is his separate money and unless there is an order or agreement in place for support he does not have to share it with you.

You may remove your name from joint bank accounts prior to leaving, and may also withdraw funds from those accounts at that time.

You may transfer car titles upon separation if you wish to do so and agree to the disposition of the vehicles.

I cannot advise you on a specific distribution of your assets without a complete financial analysis, but if you cannot afford the home having him buy you out, or selling the home and splitting the proceeds would likely be the best option for you.

If you are a dependant spouse and can demonstrate that you are actually and substantially dependent on his income, and he as the supporting spouse has the ability to pay you alimony you maybe entitled to the same absent certain martial misconduct on his part.

You may also be entitled to have him pay a portion of your attorney’s fees if you retain counsel.